Article 35A case for statute Bench?

Article 35A case for statute Bench?

J & K, Article 35 A

News:

  1. The Supreme Court will examine pleas to decide whether Article 35A is unconstitutional

Important Facts:

2. Article 35A empowers the Jammu and Kashmir Legislature to decide who all are ‘permanent residents’ of the state.

3. The Article permits only permanent residents of Jammu and Kashmir to get employed in state government and allows them to buy property in J&K.

4. Article 35A was incorporated into the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet.

5. Parliament was not consulted when President incorporated Article 35A into the Indian Constitution through a Presidential order issued under Article 370

6. It mandates that that no act of the State legislature coming under the ambit of Article 35A can be challenged for violating the Indian Constitution or any other law of the land.

7. Recently, there have been petitions challenging the validity of Article 35A and Article 370.

8. Petitioners are of the opinion that Article 35A violates the fundamental right to equalityunder Article 14 as it deprived the generations of outside settlers in the hill state their right to property and employment under the state government.

9. The petitioners have also contended that the President could not have amended Article 35 by incorporating Article 35A through a presidential notification. Article 368 (i) of the Constitution mandates that only Parliament can amend the Constitution by introducing a new Article.

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